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(영문) 부산지방법원 2018.11.02 2018고합268

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendants shall be punished by imprisonment for not less than two years and six months.

However, it is against the Defendants for four years from the date of the final conclusion of this judgment.

Reasons

Punishment of the crime

1. Defendant B and C’s joint Defendant K (hereinafter “K”) prior to the division is a person in charge of arranging loans as a solicitor for L bank loans; Defendant B is a representative director under the name of “M”; Defendant C is a person in charge of the business of real estate coloring and re-sale at discount as the representative director; Defendant C is a person in charge of the business of buying real estate under the name of real estate ownership and lending; Defendant C is a person in charge of the business of preparing a false contract, etc. to obtain loans from a financial institution after transferring the ownership in the name of a lender in physical coloring real estate at discount, and an accomplice (the disposition of suspending prosecution on September 21, 2017) is a person in charge of the business of preparing a false contract, etc. to obtain loans from a financial institution after transferring the ownership in the name of the lender in the name of discount. An accomplice (the disposition of suspending prosecution on September 21, 2017) is a representative director of “M”;

around May 2012, the Defendants, along with the above K and the accompliceO, obtained 15 P&S offices, etc. in the name of the first-class P&M office, etc., Busan Shipping Daegu Q15 commercial buildings (hereinafter “instant commercial buildings”) unsold in lots from R et al., and applied for a loan of the said building as if they were to purchase the said building at a lower price than the actual sale price, and then received the loan, and then divided the said loan. K shall arrange for the loan of the said building, own the real estate, lend the ownership of the real estate, and re-sale the title of the loan; Defendant B shall own the real estate in the name of the real estate and own the loan; Defendant C shall raise loans from the lender in the name of the real estate; and Defendant C shall prepare a discount real estate color and false contract; and Defendant C shall take overall charge of the crime.

As above, the Defendants: (a) around May 23, 2012, concluded a sales contract for the instant commercial building with U of the headquarters of the said seller; and (b) around May 23, 2012, the sales contract for the instant commercial building with U of the headquarters of the said seller.